Tenant Slipped and Fell on Water Leaking from Pipe

March 1, 2011

LVT Number: #23214

Tenant sued landlord for negligence after she slipped and fell on water leaking from an exposed pipe in her bedroom. Tenant claimed that landlord had allowed the steam heater pipe in her apartment to remain in a defective condition for some time. Landlord asked the court to dismiss the case. The accident happened in September, at a time when water generally wasn't flowing through the heating system. The court and appeals court ruled against landlord. A trial was needed to determine the facts.

Tenant sued landlord for negligence after she slipped and fell on water leaking from an exposed pipe in her bedroom. Tenant claimed that landlord had allowed the steam heater pipe in her apartment to remain in a defective condition for some time. Landlord asked the court to dismiss the case. The accident happened in September, at a time when water generally wasn't flowing through the heating system. The court and appeals court ruled against landlord. A trial was needed to determine the facts. Tenant claimed that she slipped on a puddle of water, and she had repeatedly complained to landlord about the leaking pipe on four or five prior occasions.

Dones v. NYCHA: NYLJ, 2/24/11, p. 28, col. 3 (App. Div. 1 Dept.; Tom, JP, Sweeny, Acosta, Renwick, Manzanet-Daniels, JJ)

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